United States v. Donald L. Dixon

*848SMITH, Circuit Judge,

concurring.

I fully concur in the well-reasoned opinion of the majority. I write separately only to point out that U.S.S.G. § 4A1.2 cmt. n. 6, which indicates that convictions declared invalid not be counted, nonetheless permits the sentencing court to consider whether the defendant’s underlying-conduct warrants consideration for upward departure under U.S.S.G. § 4A1.3.